Mumbai Sessions Court Grants Bail To Vakola Man After 7 Years In Jail, Cites Delay In Trial And No Criminal Antecedents

Mumbai, April 1: The Sessions Court has granted bail to a 49-year-old Vakola resident after seven years of his arrest, stating that the slow pace of the trial warrants the man’s release.

The court maintained that prolonged pre-trial incarceration of seven years in no way helps the prosecution in conducting custodial investigation of the accused, especially when the investigation in the case has been completed.

Court observations

“The anxiety expressed by the prosecution regarding the gravity of the crime can be taken care of by imposing stringent conditions. The prosecution has not shown any requirement for further investigation. There are no past criminal antecedents against the accused. Moreover, it has not been shown that the accused, by virtue of his status, may tamper with evidence. There are no strong objections to deny the accused the relief of bail,” the order copy reads.

Legal support and representation

The NGO ‘Dard Se Humdard Tak’ took the initiative in seeking bail for the accused, which was argued at length by advocate Mangesh Saundalkar.

Case background

As per the case details, the incident occurred on June 21, 2019, when the informant alleged that the accused assaulted two persons with a wooden rod near a residential area.

An elderly man injured in the assault was taken to a hospital, where he was declared dead, following which the accused was apprehended with the help of locals and a case was registered.

Defence and prosecution arguments

The accused had sought regular bail after the filing of the chargesheet, contending that he was innocent, had already spent a long period in custody since June 22, 2019, and that the investigation in the case was complete. The defence also argued that the trial was progressing slowly and that his continued detention was unnecessary.

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Opposing the plea, the prosecution argued that the offences alleged against the accused, including murder under Section 302 of the Indian Penal Code, were serious in nature and that releasing him could lead to tampering with evidence or influencing witnesses.

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